Loading...
HomeMy WebLinkAboutC2006-253 - 6/27/2006 - Approved INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE COUNCIL ON ALCOHOL AND DRUG ABUSE-COASTAL BEND This Interlocal Agreement is entered into by and between the City of Corpus Christi, Texas ("City") and The Council on Alcohol and Drug Abuse-Coastal Bend ("COADA- CB"), collectively known as the "Parties". Recitals The Parties recognize that an underage drinking problem exists in the impacted area. The Parties want to achieve the common goal of reducing underage drinking by inCleasing enforcement activities regarding the sale of alcohol to minors, increasing publicity of underage drinking laws, and enhancing awareness of personal liability in regsrds to adults providing alcohol to underage drinkers. NOW, THEREFORE in consideration of the mutual covenants in this Agreement, the participating local governments, authorized by appropriate actions of their governing bodies and pursuant to the terms of Texas Government Code, Section 791.001 et seq., hereby agree as follows: 1 Purpose. The purpose of this Agreement is to provide a framework by which the Parties will achieve their stated goal of increasing enforcement and awareness activities with regard to underage drinking. 2. Scope of Services. The City will provide COADA-CB funding in the amount of $9,256 and COADA-CB will use the funds for their Youth Continuum of Care Coalition to carry out activities associated with achieving the stated goal. A COADA- CB representative will be required to attend monthly meetings and report the progress of the initiative. Receipts for expenditures using the provided funds shall be kept and submitted back to the City. 3. tmplementation. The Parties, and their designees, are authorized and directed to take aU steps necessary or convenient to implement this Agreement. 4. Warranty. The Agreement has been officially authorized by the governing body of each Party, and each signatory to this Agreement guarantees and warrants that the Signatory has full authority to execute this Agreement and to legally bind their respective Party to this Agreement. 5. Expending Funds. Each Party which performs services under this Agreement will do so with funds available from current revenues of the Party. No Party shall have any liablity for the failure to expend funds to provide aid under this Agreement. 6 Term of Agreement COAD/\ .(8 2006-253 06/27/06 Res026848 ~.'''''' a. This Agreement shall become effective as to each Party when approved and executed by that Party. b. Once approved by all Parties, the term of this agreement will expire upon 90 days written notice of either party. c. Termination of participation in this Agreement by any Party does not affect the continued operation of this Agreement between and among the remaining Parties, and this Agreement shall continue in force and remain binding on the remaining Parties. 7. Oral and Written Agreements. All oral or written agreements between the parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to writing and are contained in this Agreement. 8. Entire Agreement. This Agreement, including Attachments, represents the entire Agteement between the Parties and supersedes any and all prior agreements between the parties. whether written or oral, relating to the subject of this agreement. 9. Interlocal Cooperation Act. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are "local governments" as that term is defined in the Interlocal Cooperation Act. 10. Severability. If any provision of this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement, which can be given effect without the invalid provision. To this end the remaining provisions of this Agreement are severable and continue in full force and effect. 11. Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limlations. and so modified, this Agreement continue in full force and effect. 12. Not for Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. 13. Immunity not Waived. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agmement 14. Civil Liability to Third Parties. Each Responding Party will be responsible for any civil liability for its own actions under this Agreement, and will determine what level, if any, of insurance or self-insurance it should maintain for such situations. 2 ......'----~ 15. No Liability of Parties to One Another. One Party may not be responsible and is not civilly liable to another for not responding, or for responding at a particular level of resources or in a particular manner. Each Party to this Agreement waives all claims against the other Parties to this Agreement for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the negligence of an officer, employee or agent of another Party 16. Notices. a, Notices under this agreement may be delivered by mail as follows: City City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 COADA-CB: The Council on Alcohol and Drug Abuse-Coastal Bend Attn: Executive Director 1801 So. Alameda, Ste. 150 Corpus Christi, Texas 78404 b The parties to this agreement may specify to the other party in writing. 17. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 18. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. v-r-. Executed in duplicate originals this the ~ day of ,2006. Corpus Christi The Council on Alcohol and Drug Abuse-CB , .~. ,~~ ,',.:~.......... ';.. \J .; Dee Ogle, MA, M.Ed:, Ph.D.(ABD) Executive Director A nt!ST: ~--4 Vl*"'OO CHAPA 'TV ~:~CPET !-HY (\ If: {! S' Q IIp ~ll. AU I tt,*u.... ~y t>>UfM:ll... LQ i~~ ,----_.-._......~ ,. c:t:'~''''A'v ~ 3 ~.,,..,